Q: Law suit question
Worked Monday, took the week off because of the corona virus (I’m 6 months pregnant and have a 8 year old with respiratory issues). Received a phone call Thursday (while I was using my paid time off) that things are “happening fast” and they need to make changes so they “eliminated” my position. I believe I was the only female terminated. Do I have a case at all?
A:
Unfortunately no one will be able to answer your question at the present time. It's much more complicated given the facts you state.
Apply for unemployment benefits immediately. You should recover them. If you don't that would not be good because it's so easy to recover them if you apply honestly.
Keep looking for work. You have a duty to mitigate your damages. Keep looking for work even after you give birth.
You have up to 1 year to file a claim with the New York State Division of Human Rights. I suggest you consult with employment lawyers, possibly several, before you file any claim with them or the EEOC or anyone else excluding DOL for unemployment.
Good luck. You obviously had good cause to do what you did but whether the employer discriminated against you or had a legitimate non-discriminatory reason to do what it did requires much more digging. It does look discriminatory on its face but an employment lawyer needs so much more information to determine how to proceed and what a possible remedy might be. This virus pandemic is something that we have never seen before and lots of new case law will be established along the way. It will, needless to say, take a very long time to get to the bottom of it so you will need a lawyer with you long term if the facts and damages merit pursuit, where such pursuit should occur, and how it should be pursued.
Law suits for employment law are much different from personal injury or other types of claims. They can take years, sometimes even decades, to resolve so how you proceed from the start is critical. Speak with many employment lawyers before you dive in with one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
